IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CIVIL APPLICATION NO. 6287 of 2017 FOR APPROVAL AND SIGNATURE:

HONOURABLE MR. JUSTICE DIVYESH A. JOSHI ==========================================================

Approved for Reporting Yes No ==========================================================

NAVINCHANDRA PRATAPRAI RAMAIYA & ORS.

Versus SPECIAL SECRETARY (APPEALS) REVENUE DEPRATMENT & ORS. ==========================================================

Appearance:

MR VIMAL A PUROHIT(5049) for the Petitioner(s) No.

1,2,2.1,3,3.1,3.2,3.3,4 MS SURBHI BHATI, AGP for the Respondent(s) No. 1 DELETED for the Respondent(s) No. 5.1,6 NOTICE NOT RECD BACK for the Respondent(s) No. 5 NOTICE SERVED for the Respondent(s) No. 1 RULE SERVED for the Respondent(s) No. 2,4 UNSERVED WANT OF TIM for the Respondent(s) No. 3 ==========================================================

CORAM:HONOURABLE MR. JUSTICE DIVYESH A. JOSHI Date : 11/02/2026

ORAL JUDGMENT

1. By way of present petition, petitioners have sought for the following main relief:

“(A) YOUR LORDSHIPS may be pleased to issue a writ or mandamus or any other appropriate writ, order or direction quashing and setting aside the order dated 22.02.2017 dispatched on 01.03.2017 passed by the respondent no.1 in Revision Application No.MVV/HKP/VDD/230/12 as well as order dated: 30.10.2012 passed by Ld. District Collector, Vadodara as well as order dated 21.04.2011 passed by Ld. Dy. Collector, Dabhoi as well as order dated 09.05.2009 passed by Ld. Mamlatdar, Vaghodiya and further be pleased to direct the Ld. Mamlatdar, Vaghodiya to certify the entry No.4282, 4283 and 4284 mutated in the revenue records pursuant to registered sale deed in favour of the present petitioners;”

2. The facts of the case of the petitioners can be summarized in nutshell as under:

2.1. That the land bearing Survey No.115 paiki 2 of village Gajadhara, Taluka Vaghodiya, District Vadodara has been converted into NA by the Taluka Development Officer by passing an order dated 14.07.1981. Thereafter, the said land has been sub- divided into approximately 150 plots. The petitioners herein have purchased three plots bearing plot Nos. 1, 2 and 4 from the vendors by executing registered sale deed in the year 1982. Thereafter, the Special Secretary, Revenue Department (Appeals) had taken the order of the TDO granting NA permission into suo motu revision while exercising the powers under Section 211 of the Bombay Land Revenue Code and cancelled the NA permission granted by the TDO, by passing an order dated 29.03.1988. Being aggrieved by the said decision, writ petitions being Special Civil Application No.3886 of 1990 and allied matters came to be preferred before this Court. The said petitions came to be allowed by this Court vide order dated 20.03.1996 and order of the TDO granting NA permission has been restored.

2.2. In view of execution of registered sale deed, mutation entry Nos. 4282, 4283 and 4284 came to be mutated in the revenue record on 09.05.2009. However, the Mamlatdar concerned has passed an order rejecting those entries on the ground of pendency of one suit being Civil Suit No.172 of 2008 before the competent Civil Court pertaining to the subject property. Being aggrieved by the said order, petitioners preferred an appeal before the Deputy Collector, Vadodara. However, the Deputy Collector, Vadodara rejected the said appeal vide order dated 21.02.2011 mainly on the ground that the order of NA passed by the TDO has been quashed and set aside by the learned SSRD and civil suit is pending before the competent Civil Court.

2.3. Being aggrieved by and dissatisfied with the said order, petitioners herein have preferred revision before the Collector, Vadodara. The Collector has partly allowed the said revision by quashing and setting aside the orders passed by the Mamlatdar as well as Deputy Collector and remanded the matter back to the Deputy Collector for fresh consideration vide order dated 30.10.2012. Being aggrieved by and dissat